Terms of Service

1. AGREEMENT TO TERMS

Welcome to Red Rift, Inc. ("Red Rift," "Company," "we," "us," or "our"). These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Red Rift, Inc., a Michigan corporation, governing your access to and use of all games, applications, websites, software, services, content, and related products developed, published, or operated by Red Rift (collectively, the "Services").

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.

These Terms apply to all Services distributed through any platform, including but not limited to: Steam, Epic Games Store, GOG, PlayStation Store, Xbox Marketplace, Nintendo eShop, Apple App Store, Google Play Store, Amazon Appstore, web browsers, and any other current or future distribution channels.

2. ELIGIBILITY AND AGE REQUIREMENTS

2.1 Minimum Age Requirements

You must be at least thirteen (13) years of age to use our Services. For certain Services that may contain mature content or features, additional age restrictions may apply as specified within those Services.

If you are between the ages of thirteen (13) and the age of majority in your jurisdiction (typically eighteen (18)), you may only use the Services with the consent, involvement, and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2.2 Parental Responsibility and Consent

Parents and legal guardians are solely responsible for monitoring their minor children's use of our Services. If you permit a minor to use our Services, you hereby agree to these Terms on behalf of such minor and agree that you will be responsible for all use of the Services by such minor, including all financial charges and legal liability.

For users under the age of 13: In the United States, we comply with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information from children under 13 without verifiable parental consent. If you are a parent and wish to provide consent for your child under 13 to use our Services, please contact us at info@redrift.com to initiate the parental consent process.

2.3 Legal Capacity

By using the Services, you represent and warrant that you have the legal capacity to enter into a binding agreement, that you are not barred from using the Services under any applicable law, and that you are not a resident of a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

Certain Services may require you to create an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. Providing false, inaccurate, or misleading information constitutes a breach of these Terms.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to: (a) keep your password confidential and not share it with any third party; (b) immediately notify us of any unauthorized use of your account or any other breach of security; (c) accept all responsibility for all activities that occur under your account; and (d) ensure that you log out from your account at the end of each session.

3.3 Account Restrictions

You may not: (a) create an account using false or misleading information; (b) create multiple accounts unless expressly permitted; (c) share, sell, transfer, or otherwise make available your account to any third party; (d) use another person's account without authorization; or (e) circumvent any account suspension, ban, or termination.

3.4 Account Termination

We reserve the right, in our sole and absolute discretion, to suspend, terminate, or delete your account at any time, for any reason or no reason, without prior notice or liability. Upon termination, your right to use the Services will immediately cease, and you will forfeit all access to your account, including any virtual items, progress, or content associated therewith.

4. LICENSE GRANT AND RESTRICTIONS

4.1 Limited License

Subject to your compliance with these Terms, Red Rift grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal, non-commercial entertainment purposes. This license does not include any right to: (a) sell, resell, or commercially use any Service or any content therein; (b) modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon any Service or any portion thereof; (c) make any Service available over a network where it could be used by multiple devices at the same time; or (d) use any data mining, robots, or similar data gathering or extraction methods.

4.2 Reservation of Rights

The Services and all content, features, and functionality thereof are owned by Red Rift, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted herein are reserved by Red Rift and its licensors.

4.3 Prohibited Conduct

You agree not to, and you will not permit any third party to:

• Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services;
• Exploit the Services for any commercial purpose, including without limitation using the Services at a cyber café, computer gaming center, or any other commercial establishment without Red Rift's express written consent;
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected thereto;
• Use any scraping, data mining, harvesting, or similar data-gathering or extraction methods;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to any Red Rift server;
• Circumvent, disable, or otherwise interfere with any security-related features of the Services;
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
• Use the Services to violate any applicable law, statute, ordinance, or regulation;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Use the Services for any illegal, harmful, fraudulent, infringing, or objectionable activities;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Services;
• Upload, post, or transmit any content that infringes or violates any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Attempt to reverse engineer, disassemble, decompile, hack, defeat, or circumvent any encryption or security technology or software that is part of the Services.

5. VIRTUAL ITEMS, IN-GAME CURRENCY, AND PURCHASES

5.1 Virtual Items and Currency

The Services may include virtual, in-game currency ("Virtual Currency") and virtual, in-game items ("Virtual Items"). Virtual Currency and Virtual Items are collectively referred to as "Virtual Goods." You understand and agree that Virtual Goods have no real-world monetary value, cannot be redeemed for legal tender or any item of value outside the applicable Service, and are not transferable except as expressly permitted within the Service.

5.2 License to Virtual Goods

Virtual Goods are licensed, not sold. Red Rift grants you a limited, revocable, non-exclusive, non-transferable license to use Virtual Goods solely within the applicable Service in accordance with these Terms. You have no ownership interest in any Virtual Goods. Red Rift may modify, manage, regulate, control, or eliminate Virtual Goods at any time, with or without notice, and Red Rift shall have no liability to you or any third party for doing so.

5.3 Pricing Transparency

All prices for Purchases are displayed clearly in the applicable real-world currency at the time of purchase. Where Virtual Currency is used to acquire Virtual Items, the equivalent real-money value will be made reasonably discernible. We do not use confusing or obfuscated pricing mechanisms designed to mislead users about the true cost of purchases.

5.4 Purchase Confirmation and Accidental Purchase Prevention

All Purchases require affirmative action and confirmation before being processed. We implement reasonable safeguards to prevent accidental purchases, including confirmation prompts for transactions. You are responsible for reviewing all purchases before confirming them.

5.5 Refund Policy

ALL PURCHASES OF VIRTUAL GOODS, SUBSCRIPTIONS, DOWNLOADABLE CONTENT, OR OTHER PAID FEATURES ("PURCHASES") ARE FINAL AND NON-REFUNDABLE, EXCEPT AS EXPRESSLY PROVIDED BELOW OR AS REQUIRED BY APPLICABLE LAW.

5.6 Limited Refund Exceptions

Red Rift may, in its sole and absolute discretion, consider refund requests only under the following limited circumstances:

• Unused Service: The purchased content, Virtual Goods, or service has not been accessed, used, consumed, or applied to your account in any manner;
• Timely Request: You contact us within forty-eight (48) hours of the original purchase;
• Proof of Purchase: You provide valid proof of the transaction, including transaction ID, date, amount, and payment method;
• Technical Failure: A verifiable technical error on our part prevented delivery or access to properly purchased content;
• Unauthorized Transaction: You can demonstrate that the purchase was made without your authorization (subject to fraud investigation).

Meeting the above criteria does not guarantee a refund. All refund decisions are made at Red Rift's sole discretion and are final. We reserve the right to deny refund requests that appear fraudulent, abusive, or made in bad faith.

5.7 No Refunds Upon Account Termination

You acknowledge and agree that you will not receive any refund for unused Virtual Goods, subscription time, or any other content when your account is terminated, suspended, or deleted, whether such termination is voluntary (at your request) or involuntary (due to violation of these Terms or for any other reason).

5.8 Platform-Specific Refund Policies

Purchases made through third-party platforms (including but not limited to Steam, Apple App Store, Google Play Store, PlayStation Store, Xbox Marketplace, or Nintendo eShop) are subject to the refund policies and terms of those respective platforms. You must direct any refund requests for such purchases to the applicable platform. Red Rift is not responsible for, and has no control over, the refund policies of third-party platforms.

5.9 European Union Consumer Rights

If you are a consumer residing in the European Union, you have a statutory right to withdraw from a contract for digital content within fourteen (14) days of purchase without giving any reason. However, by proceeding with a purchase and accessing or downloading digital content, you expressly consent to immediate performance and acknowledge that you lose your right of withdrawal once the download or streaming of the content has begun. This consent is obtained at the point of purchase through clear disclosure and affirmative acknowledgment.

For unused Virtual Currency that has not been spent or applied within the Service, EU consumers may request a refund within fourteen (14) days of purchase in accordance with applicable EU consumer protection law.

5.10 Chargeback Policy

IF YOU INITIATE A CHARGEBACK OR PAYMENT DISPUTE WITH YOUR PAYMENT PROVIDER WITHOUT FIRST ATTEMPTING TO RESOLVE THE ISSUE DIRECTLY WITH RED RIFT, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE YOUR ACCOUNT AND FORFEIT ALL VIRTUAL GOODS, PROGRESS, AND CONTENT ASSOCIATED THEREWITH. ACCOUNTS SUSPENDED DUE TO CHARGEBACKS MAY ONLY BE RESTORED UPON FULL REPAYMENT OF THE DISPUTED AMOUNT PLUS ANY APPLICABLE FEES.

5.11 Subscriptions

Some Services may offer subscription-based access. Subscriptions automatically renew at the then-current rate unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or the applicable platform. Cancellation will be effective at the end of the current billing period, and you will not receive a refund for any unused portion of the subscription period. We will provide clear notice of impending renewals where required by applicable law.

5.12 How to Request a Refund

To submit a refund request, contact us at info@redrift.com within forty-eight (48) hours of your purchase with the following information: (a) your account username or email; (b) the date and time of purchase; (c) transaction ID or order number; (d) the item(s) purchased; (e) the reason for your refund request; and (f) confirmation that the content has not been used. We will respond to refund requests within a reasonable timeframe.

6. USER-GENERATED CONTENT

6.1 User Content

Certain Services may permit you to submit, upload, publish, or otherwise make available content, including but not limited to text, chat messages, communications, screenshots, video recordings, gameplay recordings, custom levels, mods, and other materials ("User Content"). You retain ownership of the intellectual property rights in your original User Content, subject to the licenses granted below.

6.2 License to User Content

By submitting User Content, you grant Red Rift a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit your User Content in any and all media or distribution methods now known or later developed, for any purpose, including without limitation for commercial, advertising, promotional, and marketing purposes.

6.3 AI Training Rights

You specifically acknowledge and agree that Red Rift may use your User Content, including all gameplay data, interactions, communications, and any other data generated through your use of the Services, to train, develop, improve, and enhance our artificial intelligence models, machine learning algorithms, and future service offerings. This grant of rights is irrevocable and perpetual and shall survive termination of these Terms or your account.

6.4 User Content Representations

You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to submit your User Content and to grant the licenses described herein; (b) your User Content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or any other proprietary rights; (c) your User Content does not contain any material that is defamatory, obscene, pornographic, abusive, offensive, or otherwise objectionable; and (d) your User Content complies with all applicable laws and regulations.

6.5 Monitoring and Removal

Red Rift has no obligation to monitor User Content but reserves the right to review, screen, edit, refuse to post, remove, or delete any User Content at any time, for any reason, without notice. We are not responsible or liable for any User Content submitted by you or other users.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership

The Services and all content and materials included therein, including but not limited to text, graphics, images, logos, icons, audio clips, video clips, data compilations, software, and the compilation thereof, are the exclusive property of Red Rift, its licensors, or other content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Red Rift" and all related names, logos, product and service names, designs, and slogans are trademarks of Red Rift or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners. You may not use any such marks without the prior written permission of Red Rift or the respective owner.

7.3 DMCA and Copyright Infringement

Red Rift respects the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please provide our designated copyright agent with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner; and (f) a statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.

8. PROFESSIONAL SERVICES DISCLAIMER

8.1 Entertainment and Informational Purposes Only

ALL CONTENT, FEATURES, GUIDANCE, RECOMMENDATIONS, READINGS, PREDICTIONS, INSIGHTS, COACHING, TRACKING, ANALYSIS, AND ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES ARE FOR ENTERTAINMENT AND GENERAL INFORMATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO PROVIDE, AND SHALL NOT BE CONSTRUED AS PROVIDING, PROFESSIONAL ADVICE OF ANY KIND.

8.2 No Medical, Health, or Fitness Advice

The Services do not provide medical advice, diagnosis, or treatment. Any health, wellness, fitness, nutrition, or lifestyle content, features, tracking, recommendations, or guidance provided through the Services are not substitutes for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or experienced through the Services.

8.3 No Mental Health or Psychological Services

The Services do not provide mental health counseling, therapy, psychological assessment, or psychiatric treatment. Any content, features, or interactions within the Services that address emotional, psychological, or mental well-being are for general informational and entertainment purposes only and are not substitutes for professional mental health care. If you are experiencing a mental health crisis, please contact emergency services or a mental health professional immediately.

8.4 No Legal, Financial, or Professional Advice

The Services do not provide legal, financial, investment, tax, accounting, or other professional advice. Any information provided through the Services regarding legal matters, financial decisions, investments, or other professional domains is for general informational purposes only and should not be relied upon as professional advice. Consult with qualified professionals before making any decisions in these areas.

8.5 Spiritual, Mystical, and Divinatory Content

Any spiritual, mystical, astrological, tarot, divination, psychic, or similar content, readings, guidance, or predictions provided through the Services are for entertainment purposes only. We make no claims regarding the accuracy, reliability, or validity of any such content. You acknowledge that such content is generated through algorithms, artificial intelligence, or randomized processes and does not reflect actual supernatural or paranormal phenomena. You use such features at your own discretion and risk.

8.6 AI-Generated Content and Recommendations

Many features within our Services utilize artificial intelligence and machine learning technologies. AI-generated content, recommendations, insights, and responses may contain errors, inaccuracies, biases, or limitations. You acknowledge that AI systems are not infallible and that you should not rely solely on AI-generated content for important decisions. Red Rift is not responsible for any actions you take based on AI-generated content.

8.7 Assumption of Risk

You acknowledge and agree that your use of any health, wellness, fitness, lifestyle, or other features within the Services is at your own risk. You are solely responsible for any physical activity, dietary changes, lifestyle modifications, or other actions you undertake as a result of using the Services. Red Rift shall not be liable for any injuries, damages, or adverse effects resulting from your use of the Services.

8.8 No Guarantees of Results

We make no guarantees, warranties, or representations regarding any specific outcomes, results, benefits, or achievements that may be obtained through the use of the Services. Individual results may vary based on numerous factors, including but not limited to personal effort, circumstances, and adherence to any programs or recommendations.

9. THIRD-PARTY SERVICES AND LINKS

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Red Rift. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. You acknowledge and agree that Red Rift shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any third-party websites, applications, or services.

9. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RED RIFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

RED RIFT DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

ANY CONTENT, MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT, MATERIAL, OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED RIFT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RED RIFT, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RED RIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL RED RIFT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RED RIFT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, RED RIFT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Red Rift, its parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, agents, licensors, suppliers, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (e) your violation of any applicable law, rule, or regulation; or (f) any claim that your User Content caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services.

12. DISPUTE RESOLUTION AND BINDING ARBITRATION

12.1 Informal Resolution

Before filing a claim against Red Rift, you agree to attempt to resolve the dispute informally by contacting us at info@redrift.com. We will attempt to resolve the dispute informally within sixty (60) days. If the dispute is not resolved within sixty (60) days, either party may proceed as set forth below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes relating to intellectual property rights, or as otherwise provided below, any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Oakland County, Michigan, unless you and Red Rift agree otherwise. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND RED RIFT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND RED RIFT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING.

12.4 Opt-Out

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending written notice to info@redrift.com stating your name, address, and intent to opt out of the arbitration provision.

12.5 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.

13. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law provisions. For any claims not subject to arbitration, you agree to submit to the exclusive jurisdiction of the federal and state courts located in Oakland County, Michigan, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

14. REGIONAL AND JURISDICTIONAL PROVISIONS

14.1 European Union Users

If you are a consumer residing in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. For EU consumers, you have the right to withdraw from a digital content purchase within 14 days, except where the delivery has begun with your prior express consent and acknowledgment that you thereby lose your right of withdrawal. Alternative dispute resolution is available through the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

14.2 United Kingdom Users

If you are a consumer residing in the United Kingdom, you may have additional rights under the Consumer Rights Act 2015. Nothing in these Terms affects your statutory rights.

14.3 Australian Users

If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted, or modified.

14.4 California Users

If you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. UPDATES AND MODIFICATIONS

15.1 Service Updates

Red Rift may provide updates, patches, additional content, or other modifications to the Services at any time without notice. You agree that Red Rift may automatically download and install updates to the Services without providing any additional notice or receiving any additional consent.

15.2 Terms Modifications

Red Rift reserves the right to modify these Terms at any time. Material changes will be notified by updating the "Last Updated" date at the top of these Terms and, where required by law, providing additional notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any amended Terms, you must stop using the Services.

16. TERMINATION

Red Rift may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Red Rift on the Services, constitute the entire agreement between you and Red Rift concerning the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

17.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17.3 Waiver

No waiver by Red Rift of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Red Rift to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Red Rift's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Red Rift may assign or transfer these Terms, in whole or in part, without restriction.

17.5 Force Majeure

Red Rift shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account, transactional information, and promotional messages. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements.

17.7 Export Controls

The Services may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer the Services to any prohibited country, entity, or person. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us: